901:10-1-03
Criteria for decision-making.

(A)
Criteria for decision making by the director. The director shall deny, modify,
suspend or revoke a permit to install or permit to operate if:

(1)
The permit application contains
misleading or false information; or

(2)
The designs and plans fail to conform to
best management practices and to the rules in this chapter or if the owner or
operator fails to build the facility in accordance with design plans as
approved in the permit to install or in accordance with amended and approved
design plans; or

(3)
The plans for
the manure management plan, the insect and rodent control plan and any other
plans governing the operation fail to conform to best management practices and
to rules of this chapter; or

(4)
The director determines that the designs and plans describe a proposed
discharge or source for which a NPDES permit is required under this chapter and
that will conflict with an areawide waste treatment plan adopted in accordance
with section 208 of the act; or

(5)
The facility is not designed or constructed as a non-discharge system or
operated to prevent the discharge of pollutants to waters of the state or to
otherwise protect water quality; or

(6)
The director determines that the
applicant or owner or operator has not complied with rule 901:10-1-10 of the Administrative Code.

(B)
The director may deny, modify, suspend or revoke a permit to install or permit
to operate if the applicant, owner, operator or persons
associated in the operation of concentrated animal feeding facilities, have a
history of substantial noncompliance with the Federal Water Pollution Control
Act, the Safe Drinking Water Act, as defined in section
6109.01 of the Revised Code, any
other applicable state laws pertaining to environmental protection or
environmental laws of another country that indicates that the applicant or
owner or operator lacks sufficient reliability, expertise and competence to
operate the facility in substantial compliance with Chapter 903. of the Revised
Code and this chapter.

In evaluating a history of substantial
noncompliance as required, the director may consider all of the following for a
period of five years preceding the date of the application:

(1)
Any information
submitted on ownership and background pursuant to rule 901:10-1-02 of the Administrative Code, including the following:

(a)
If the applicant or permittee is a
publicly traded corporation, provide the full name, date of birth, and business
address of each individual or business concern holding more than twenty-five
per cent of the equity in the applicant or permittee; or

(b)
If the applicant or permittee is a sole
proprietor or any other business concern, provide the full name, date of birth,
and business address of each individual or business concern holding more than
fifty per cent of the equity in the applicant or permittee;

(c)
If the applicant or permittee is a
partnership, as partnership is defined in section
1775.05 of the Revised Code,
provide the full name, date of birth, and business address of each individual
or business concern holding more than fifty per cent of the equity in the
applicant or permittee; and

(d)
If
the applicant or permittee is the recipient of a financial loan to the facility
with provisions for the right to control management of the facility or actual
control of the facility or the selection of officers, directors, or managers of
the facility, identify the full name, date of birth, and business address of
each individual or business concern providing the loan.

(2)
Any administrative enforcement action (including
an administrative order or notice of violation), civil suit, or criminal
proceeding that is:

(a)
Pending against the
applicant or a business concern owned or controlled by the applicant;

(b)
Resolved or dismissed in a settlement
agreement, in a consent order or decrees, is adjudicated or otherwise dismissed
and that may or may not have resulted in the imposition of:

(i)
A sanction such as a fine, penalty,
payment or work or service performed in lieu of a fine or penalty; or

(c)
Any
revocation, suspension, or denial of a license or permit or equivalent
authorization; or

(d)
With respect
to paragraph (B)(1)(a) of this rule, any explanation that the applicant or
owner or operator may choose to submit.

(C)
In addition to the criteria set forth in
paragraphs (A) and (B) of this rule, the director shall deny, modify, suspend,
or revoke an NPDES permit if the director determines::

(1)
Discharge from the facility will prevent
or interfere with attainment or maintenance of applicable water quality
standards adopted under section
6111.041 of the Revised Code and
the most current antidegradation policy adopted under section
6111.12 of the Revised Code;
or

(2)
Discharge from the facility
will not achieve compliance with national effluent standards; or

(3)
The administrator of the United States
environmental protection agency objects in writing to the issuance of the NPDES
permit in accordance with section 402(d) of the Act; or

(4)
The proposed discharge or source will
conflict with an areawide waste treatment management plan adopted in accordance
with section 208 of the Act; or

(5)
Forms, notices, or reports required pursuant to the terms and conditions of the
NPDES permit are false or inaccurate;

(6)
The discharge is of any radiological,
chemical, or biological warfare agent or high-level radioactive waste or
medical waste; or

(7)
The United
States army corps of engineers for the district in which the discharge is
located objects in writing to the issuance of the NPDES permit as substantially
impairing navigation or anchorage; or

(8)
Discharge from the facility will not
achieve national standards of performance for new sources; or

(9)
There is a change in any condition that
requires either a temporary or permanent reduction or elimination of the
permitted discharge; or

(10)
The
permitted activity endangers human health or the environment and can only be
regulated to acceptable levels by permit modification or termination;
or

(11)
The applicant or owner or
operator is required to obtain a state or other appropriate certification under
section 401 of the act and 40 CFR section 124.53 and that
certification has not been obtained or waived;

(12)
When the imposition of conditions cannot
ensure compliance with the applicable water quality requirements of all
affected states; or

(13)
Discharge
from the facility will not achieve and maintain compliance with other
requirements of the act and the regulations promulgated thereunder.